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05.01.2023

1.

This hearing has been done through hybrid mode.

2.

The present petition has been filed by the Petitioner - Shri Pawan

Kumar Gupta against Respondent No.1 - Roshanara Club Ltd., Respondent

No. 2 - Disciplinary Sub-Committee (Roshanara Club Ltd.) and the

Respondent No. 3 - GNCTD.

3.

The challenge in this petition is to the impugned order dated 27th

November, 2017 passed by the Respondent No.1 by which the Petitioner’s

membership of the Respondent No.1 club was suspended for a period of 180

days.

4.

Notice was issued in this matter, however it is noticed that no process

fee was filed by the Petitioner on several occasions. The process fee filed

has also been returned under objections.

5.

Today, an adjournment is sought by ld. Counsel for the Petitioner.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 12:05:02

Page 2 of 3

6.

The Court has considered the matter. A perusal of the impugned order

shows that a showcause notice dated 22nd October 2017 was issued by the

Club in respect of the misbehaviour of the Petitioner. Replies were sought

from the Petitioner. Thereafter the matter was considered by the Disciplinary

Sub-Committee (Roshanara Club Ltd.) had issued a show cause notice in its

meeting held on 24th November 2017. In view of the facts relating to the

misbehavior, etc., the following order was passed:

“1. Please refer to this Office Showcause Notice dated

22nd October 2017 and your replies thereto forwarded

vide your Letters dated 25th October, October 2017

and 7th November 2017 and your personal appearance

before the Discipline subcommittee in its meeting held

on 24th November 2017.

2. You were afforded full opportunity by the Discipline

subcommittee to put forwarded complete details as per

your version but you totally denied the allegations

leveled against you. You did not produce any concrete

evidence or witness to prove your innocence. You also

failed to substantiate prove the allegations leveled by

you in your replies against the Senior Members of the

Managing Committee and the staff members.

3. As per the Code of Conduct for the Club members

the above offences fall under Level 5.3 and Article 56

& 56A of Memorandum and Article of Association of

the Club.

4. Your such act of misbehavior, using filthy language

in the Disciplinary Committee Meeting against all the

Office Bearers falls with in the purview of invoking

Article 56A for expulsion and same is recommended to

the Managing Committee.

5. In the meanwhile, it is resolved by the Discipline

subcommittee that:-

a) Your membership of Roshanara Club Ltd is

suspended for a period of 180 days (6 months) or till

the Managing Committee has either approved or

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 12:05:02

Page 3 of 3

rejected the Resolution demanding your expulsion

whichever is earlier for gross misconduct and for

leveling false frivolous and defamatory allegations

against

the

Senior

Members

of

the

Managing

Committee. The duration of your suspension will be

effective from 27th November 2017 to 25th May 2018.

b) During the period of suspension, you and your

dependents will neither be allowed to avail any

facilities of the Club nor they will be allowed to enter

the Club premises.”

7.

A perusal of the aforementioned order shows that the suspension

period was 180 days, which period has already lapsed. No facts have been

placed on record in respect of any further action taken by the Respondent

No.1 club against the Petitioner. In view thereof, this petition has become

infructuous.

8.

If any further action is taken by the Respondent No.1 club against the

Petitioner, the remedies of the Petitioner are left open.

9.

With

these

observations

the

petition

along

with

all

pending

application is disposed of as infructuous.

PRATHIBA